Author Topic: U.S. children of Spanish nationals (Read 2581 times)

mcarmen · « **on:** January 09, 2003, 09:45:00 PM »

If you were born in the United States to a Spanish mother and/or father who were not U.S. citizens at the time of your birth, you are eligible for dual citizenship. Contact the Spanish Embassy where you live to find out what paperwork you must fill out become a EU national. That\'s all the information I had, but I hope it is helpful to those who fit the criteria.

Take care,

mcarmen[addsig]

Nuria · « **Reply #1 on:** January 12, 2003, 04:00:00 PM »

Hi mcarmen,

Actually you cannot apply for dual citizenship. You can apply for the Spanish citizenship but have to drop your American citizenship, unless you are from Portugal,Andorra, Phillipines or South America [IMG SRC=\"modules/phpBB_14/images/smiles/icon_cry.gif\"]

For more info go to [!-- BBCode auto-link start --][a href=\"http://www.spainconsul-ny.org/consula.do/ley3602.html\" target=\"_blank\"]http://www.spainconsul-ny.org/consula.do/ley3602.html[/a][!-- BBCode auto-link end --]

Sorry, only in Spanish [addsig]

Tracy · « **Reply #2 on:** January 12, 2003, 06:17:00 PM »

Thanks Nuria and MCarmen....and to add to both of your comments (as per what I otld you over the phone, Nuria) my sons don\'t have anything that legally states "dual citizenship" but they have a Spanish passport AND and American one. Both come in handy at respective moments. It used to be that when they turned 18 they\'d have to choose a nationality. But I don\'t think there\'s anything official, unless during times of war. And since there\'s no more mandatory military service required in Spain, there\'s no real need for the choosing. [IMG SRC=\"modules/phpBB_14/images/smiles/icon_wink.gif\"] [addsig]

Mel328 · « **Reply #3 on:** January 12, 2003, 06:25:00 PM »

Are you sure? My friend and her brother are Spanish - their parents lived in Malaga their entire lives and during the last months of both pregnancies they flew to Canada, jumped the border to the US, had their children in Michigan so they\'d be US citizens and be able have a way to escape Franco and then flew back to Spain. My friend\'s been living here a good deal of her life but she still has her Spanish citizenship. Only her brother gave it up because he\'s in the American army and reached a high ranking which required that he drop his dual status..

Melinda[addsig]

silo · « **Reply #4 on:** January 13, 2003, 01:31:00 PM »

The birth certificate of the child is what gives them dual citizenship that\'s all they need. We looked into this because my wife is Spanish and I\'m American.

One funny thing is we asked about me applying for dual citizenship in Spain. The consulate told us that we can but they ASK that you drop the other not REQUIRE it. I do know that to become a US citizen you are REQUIRED to drop the other. I don\'t understand exactly how the dual works, but that\'s just what we were told.[addsig]

Tracy · « **Reply #5 on:** January 13, 2003, 01:55:00 PM »

Shiloh,

You said:

I don\'t understand exactly how the dual works,

I definitely think this is a subjective thing...not an offical thing. You and your wife would consider your children as having "dual" citizenship, but otherwise there is no REAL or legal manner in which to gain a dual citizenship for America AND Spain. You can probably have dual for, say, Spain and Portugal,Andorra, Phillipines or South America , like Nuria was saying.

By the way, Nuria is my sister-in-law, for all those who may wonder!!!! [IMG SRC=\"modules/phpBB_14/images/smiles/icon_biggrin.gif\"] [addsig]

silo · « **Reply #6 on:** January 13, 2003, 02:10:00 PM »

Hi everyone!

Tracy, I don\'t understand how the adult dual works. The one with kids is simply that the US birth certificate gives you the rights of a US citizen.

Here is some info from the State Department

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person\'s statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person\'s allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Information on losing foreign citizenship can be obtained from the foreign country\'s embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

This site is very informative also.

[!-- BBCode auto-link start --][a href=\"http://www.embusa.es/cons/services.html#8\" target=\"_blank\"]http://www.embusa.es/cons/services.html#8[/a][!-- BBCode auto-link end --]

[addsig]

mcarmen · « **Reply #7 on:** January 13, 2003, 04:19:00 PM »

Hello all,

Yes, after speaking with the Spanish consulate in Washington, D.C., my sister and I were informed that we could apply for Spanish citizenship but would most likely lose our U.S. citizenship. However, he was not sure and advised us to speak to INS, because as we all know, the INS is soooo helpful. My mother, however, will be able to regain her Spanish citizenship without losing her U.S. citizenship. I hope I didn\'t raise anyone\'s expectations. I guess I became a little too excited about possibly becoming a EU national.

Take care,

MC [addsig]

mcarmen · « **Reply #8 on:** January 13, 2003, 05:47:00 PM »

Aha! A U.S. citizen seeking citizenship in another country would lose their U.S. rights and privelages only if they seek

a) naturalization in a foreign country

b) take an oath of allegience to the foreign country or

c) accept non-policy level employment with a foreign government

A U.S. citizen doing this voluntarily AND with the Intention of relinquishing his/her U.S. citizenship would lose U.S. rights and privelages. Therefore, you MUST make a formal declaration stating that you want to give up your U.S. citizenship, it does not happen automatically. It used to happen but INS laws were amended in 1986 saying that the Intention to relinguish U.S. citizenship must be expressed by the U.S. citizen in question.

Take care,

MC[addsig]

Tracy · « **Reply #9 on:** January 13, 2003, 07:20:00 PM »

I know I posted this elsewhere, but out of laziness I\'ll just say it again. It\'s actually much more efficient to shoot for RESIDENCY as opposed to citizenship. Why anyone would want to go through all that just for a work visa is beyond me. Even my friends and professors who have lived in Spain over 30 years never bothered to apply for citizenship in Spain. Residency covers everything and if you can manage to live in Spain aprox. 5 years, you can begin applying for residency (if you\'re not already married to a Spaniard or have a legal job there).[addsig]

mlwalton · « **Reply #10 on:** January 13, 2003, 07:26:00 PM »

hey all,

just thought I\'d add this tidbit...if you have a US passport...somewhere around pages 4 and 5 it tells you about losing your citizenship and about dual citizenship and even provides numbers....just an fyi...but I have to say I agree with Tracy, too many hoops to jump through if all your looking for is a way to get a work visa....anyway that\'s my two cents.

Salud! [IMG SRC=\"modules/phpBB_14/images/smiles/icon_beer.gif\"]

Michelle [IMG SRC=\"modules/phpBB_14/images/smiles/icon_biggrin.gif\"] [addsig]

silo · « **Reply #11 on:** January 13, 2003, 08:32:00 PM »

I suggested to my wife NOT to become a US citizen because as a resident here she has every right I do except she can\'t vote...I would imagine it\'s not that much different in Spain. I just got my work papers back and I\'m legal baby...Espana here I come.[addsig]

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Author Topic: U.S. children of Spanish nationals (Read 2581 times)

Nuria